McField v. White
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION re 12 Objections to Report and Recommendation filed by Jerome Joseph McField, 11 Report and Recommendation. Signed by Judge Robert J. Bryan. (JL)
Case 3:21-cv-05250-RJB Document 13 Filed 10/06/21 Page 1 of 3
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA
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JEROME JOSEPH McFIELD,
Petitioner,
v.
CASE NO. 21-5250 RJB-SKV
ORDER ADOPTING REPORT AND
RECOMMENDATION
DANIEL W. WHITE,
Respondent.
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This matter comes before the Court on the Report and Recommendation of U.S.
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Magistrate Judge S. Kate Vaughan. Dkt. 11. The Court has considered the Report and
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Recommendation, the Petitioner’s Objections, and the remaining record.
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In this petition, brought under 28 U.S.C. § 2254, the Petitioner challenges his 2018
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judgment and sentence based on his guilty plea. Dkt. 1. He raises two grounds for relief:
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ineffective assistance of counsel and voluntariness of his plea. Id. On August 24, 2021, the
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Report and Recommendation was filed, recommending that the petition be denied and a
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ORDER ADOPTING REPORT AND RECOMMENDATION - 1
Case 3:21-cv-05250-RJB Document 13 Filed 10/06/21 Page 2 of 3
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certificate of appealability be denied. Dkt. 11. The facts and procedural background are in the
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Report and Recommendation (Dkt. 11) and are adopted here.
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In his objections, Petitioner argues that the Report and Recommendation erred in
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concluding that trial counsel’s performance was sufficient in advising the Petitioner to take the
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plea because trial counsel failed to obtain all discovery (in particular over 250 photographs of the
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scene) and share them with the Petitioner. Dkt. 12. Accordingly, the Petitioner reasons, he
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could not have knowingly entered a plea of guilt. Id.
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The Report and Recommendation (Dkt. 11) should be adopted and the petition dismissed.
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As stated in the Report and Recommendation, the state courts properly analyzed counsel’s
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performance under Strickland v. Washington, 466 U.S. 668 (1984). The Petitioner failed to
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demonstrate deficient performance in relation to acquiring the scene photographs or other
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discovery and sharing them with Petitioner. Further, Petitioner failed to show prejudice. He did
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not demonstrate that “but for” counsel’s errors – that Petitioner’s direct review of all evidence
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including the photographs – would have changed his decision to plead guilty and that he would
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have insisted on going to trial. Hill v. Lockhart, 474 U.S. 52, 59 (1985). As recommended in the
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Report and Recommendation, the state courts reasonably rejected Petitioner’s challenge to the
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voluntariness of his guilty plea.
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Further, the Report and Recommendation’s recommendation that the certificate of
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appealability be denied should also be adopted. The district court should grant an application for
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a certificate of appealability only if the petitioner makes a “substantial showing of the denial of a
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constitutional right.” 28 U.S.C. § 2253(c)(3). To obtain a certificate of appealability under 28
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U.S.C. § 2253(c), a habeas petitioner must make a showing that reasonable jurists could disagree
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with the district court’s resolution of his or her constitutional claims or that jurists could agree
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ORDER ADOPTING REPORT AND RECOMMENDATION - 2
Case 3:21-cv-05250-RJB Document 13 Filed 10/06/21 Page 3 of 3
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the issues presented were adequate to deserve encouragement to proceed further. Slack v.
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McDaniel, 529 U.S. 473, 483–485 (2000) (quoting Barefoot v. Estelle, 463 U.S. 880, 893 n.4
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(1983)).
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Petitioner’s objections do not provide a basis to reject the Report and Recommendation’s
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recommendation that a certificate of appealability be denied. Petitioner has failed to make a
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“substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253 (c)(3). He did not
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show that “reasonable jurists could disagree” with the resolution of his claims or that jurists of
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reason could agree that the issues presented were adequate to deserve encouragement to proceed
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further. Slack, at 483-485. The Report and Recommendation should be adopted, and a
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Certificate of Appealability should be denied.
ORDER
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It is ORDERED that:
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The Report and Recommendation (Dkt. 11) IS ADOPTED;
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The petition IS DENIED;
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The Certificate of Appealability IS DENIED; and
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This case IS DISMISSED.
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The Clerk is directed to send uncertified copies of this Order to all counsel of record and
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to any party appearing pro se at said party’s last known address.
Dated this 6th day of October, 2021.
A
ROBERT J. BRYAN
United States District Judge
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ORDER ADOPTING REPORT AND RECOMMENDATION - 3
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